North Wales backs statement on immigration enforcement

Borough officials have signed on to a statement outlining their response to recent calls for a ‘Welcoming resolution’ for North Wales.

Borough Mayor Neil McDevitt read a statement Tuesday night addressing the recent nationwide controversies regarding federal immigration enforcement, and how the town can and cannot respond.

“As we navigate the current landscape in regard to federal law enforcement, I’m mindful that emotions are running high,” McDevitt said.

“We only need to look at the newspapers, and the news, on a daily basis to see what’s going on. I just want to remind residents that we’re elected and appointed, and law enforcement officers are sworn, to uphold the constitutions of the United States and the Commonwealth of Pennsylvania,” he said.

In January a resident asked council to consider a similar resolution to those that have been discussed and passed in several other Montgomery County municipalities, in the wake of headlines and controversies across the country regarding federal immigration enforcement efforts. The resident requested the town formally prohibit borough police from honoring ICE detainers without a judicial warrant signed by a judge and to ensure borough staff do not inquire about or disclose immigration status during routine business.

Two weeks later, borough officials said in early February that a draft of such a resolution was under review, while students at North Penn High School held a walkout of classes on Feb. 6 to protest the federal enforcement actions and show support for those affected, and Lansdale residents asked that council on Feb. 18 consider a similar resolution.

During the Feb. 24 council meeting, McDevitt said he had worked with police Chief Dave Erenius and the town’s solicitor to develop a statement, posted on his and the town’s social media pages late last week, outlining the differences in duties between federal and local law enforcement.

“We’ve put together a statement that essentially clarifies what borough police officers can and cannot do, if federal law enforcement come to the borough,” he said.

The mayor then noted a similar statement issued by Montgomery County’s sheriff and police chiefs association of Montgomery County in late January that similarly spells out their duties and spheres of responsibility, and said the borough’s statement was similar.

“I also issued a similar statement echoing our joint commitment to the safety and security, as well as honoring the civil and human rights, of all the people who live in our community,” he said.    

Council President Mark Tarlecki added that he thought every council member, and those residents who are interested, should read both statements to be fully informed.

“You will see that both the county and the borough of North Wales are in agreement, on how we support our residents, and what we can do and what we can’t do,” he said.

“Equally important, we have a constitutional duty to keep our oath, to both the state and the United States government. And we took that oath as members of council,” Tarlecki said.

As he spoke, borough Manager Christine Hart scrolled through both statements on a projection screen, and Tarlecki paused on one point for emphasis:

“Take a look at number four. I want to make sure you guys see this: ‘The rule of law equally applies to everyone. No one is above the law.’ We are devoted to ensuring that residents are able to exercise their constitutional rights to peaceably assemble and protest in order to make their voices heard,” he said, reading and commenting on the statement.

“It also means that we will hold people accountable for interfering with law enforcement, and we will keep families, businesses and property safe during times of unrest,” Tarlecki said. “‘We are united in our mission, and dedicated to upholding the rule of law, and ensuring Montgomery County remains a safe place to live, work, and enjoy life.’ And that means for all residents, folks.”

Tarlecki then asked each council member for comments for feedback on the county and borough statements, and councilwoman Susan Manning asked if the statement could clarify what could happen if federal agents such as ICE arrive in the borough to detain residents without warrants.

“I was most worried about the many times that we’re hearing about, where ICE agents will go into a place of business and take people away without a warrant,” Manning said.

“I know you’re going to follow all the rules, to keep us safe, but I just wondered if there’s anything that would be done if there’s no warrant,” she said.

Police Chief Dave Erenius answered that his department has limited capabilities and manpower, and may not be aware of an ICE or other federal operation until afterward.

“We’re not going to interfere with ICE. First of all, they’re not going to come here and tell us they’re here. They’re going to do whatever they’re going to do and then leave. But we are not going to interfere with federal law enforcement,” he said.

“That’s why we have courts. If someone feels like they were mistreated, or something was unconstitutional, the way to fight that is to go through the court system. I don’t think anything good is going to come from North Wales borough police stepping in front of ICE, or any other agency, and trying to stop them,” Erenius said.

Tarlecki then added that borough police manpower levels are typically extremely low, with an authorized six fulltime officers and one or two on duty at any given time, likely far fewer than any federal agency would send.

“Even if we had the right to do that, we don’t have the manpower, nor the materials, to do that sort of thing. For us it would be impractical,” he said.

Councilwoman Sally Neiderhiser said she thought the statement was “a good document for what we need right now: to support our police, and what they need to do.” Councilwoman Anji Fazio added that she also backed the statement, and saw a difference between council backing that declaration, and individual opinions.

“Our personal views are separate than the oath that we take, to ensure that everybody is safe here in the borough. Our job is to act lawfully, and we have to protect the constitutional rights of every single resident in the community,” she said.

And councilwoman Melanie Catanese said she saw another area for possible further talks, but not at the local level.

“I just wish that there would be ways to ensure due process for people that are detained, if anyone is detained in our borough, whether it is with a judicial or civil warrant. But that is not a discussion for tonight, or anything the borough can address,” she said.

One public comment on the statement was fielded, from resident Tim Clark who had asked council to take up the topic last month, and said he thought “the concerns that I raised have all been addressed in this fine declaration.”

“Even though we’re a small borough in a large county, I think this sets a fine example. I’m proud, once again, to say that I’m a resident: I’ve always been proud, but I’m especially grateful,” Clark said.

North Wales borough council next meets at 7 p.m. on March 10 at the borough municipal building, 300 School Street, for more information or meeting agendas visit www.NorthWalesborough.org.

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